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MERLIN MYERS REVOCABLE TRUST v. YELLOWSTONE COUNTY

No. 01-676.

53 P.3d 1268 (2002)

2002 MT 201

MERLIN MYERS REVOCABLE TRUST, Petitioner/Respondent, v. YELLOWSTONE COUNTY and Yellowstone County Commissioners, Respondents/Appellants.

Supreme Court of Montana.

Decided September 5, 2002.

Attorney(s) appearing for the Case

Mark A. English, Deputy Yellowstone County Attorney, Billings, Montana, For Appellants.

James P. Murphy, Bruce F. Fain, Murphy, Kirkpatrick & Fain, Billings, Montana, For Respondent.

Jeffery T. Renz, Clinton, Montana (Hillside Village Mobile Home Park), For Amicus.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Yellowstone County and the Yellowstone County Commissioners appeal the District Court's ruling reversing the County's denial of an application for Special Review filed by the Merlin Myers Revocable Trust. We affirm.

ISSUES

¶ 2 Did the District Court err when it determined that the Montana Code Annotated does not allow a county to deny a special review to mine gravel with...

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